Senate Bill sb0212c1

    Florida Senate - 2006                            CS for SB 212

    By the Committee on Criminal Justice; and Senators Baker and
    Bennett




    591-1750-06

  1                      A bill to be entitled

  2         An act relating to assault or battery on

  3         security officers; amending s. 784.07, F.S.;

  4         providing for reclassification of an assault or

  5         battery on a licensed security officer;

  6         providing applicability; providing an effective

  7         date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsection (2) of section 784.07, Florida

12  Statutes, is amended to read:

13         784.07  Assault or battery of law enforcement officers,

14  firefighters, emergency medical care providers, public transit

15  employees or agents, or other specified officers;

16  reclassification of offenses; minimum sentences.--

17         (2)  Whenever any person is charged with knowingly

18  committing an assault or battery upon a law enforcement

19  officer, a firefighter, an emergency medical care provider, a

20  traffic accident investigation officer as described in s.

21  316.640, a traffic infraction enforcement officer as described

22  in s. 316.640, a parking enforcement specialist as defined in

23  s. 316.640, a person licensed as a security officer as defined

24  in s. 493.6101 and wearing a uniform that bears at least one

25  patch or emblem that is visible at all times clearly

26  identifying the employing agency and the employee as a

27  licensed security officer, or a security officer employed by

28  the board of trustees of a community college, while the

29  officer, firefighter, emergency medical care provider, intake

30  officer, traffic accident investigation officer, traffic

31  infraction enforcement officer, parking enforcement

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                            CS for SB 212
    591-1750-06




 1  specialist, public transit employee or agent, or security

 2  officer is engaged in the lawful performance of his or her

 3  duties, the offense for which the person is charged shall be

 4  reclassified as follows:

 5         (a)  In the case of assault, from a misdemeanor of the

 6  second degree to a misdemeanor of the first degree.

 7         (b)  In the case of battery, from a misdemeanor of the

 8  first degree to a felony of the third degree.

 9         (c)  In the case of aggravated assault, from a felony

10  of the third degree to a felony of the second degree.

11  Notwithstanding any other provision of law, any person

12  convicted of aggravated assault upon a law enforcement officer

13  shall be sentenced to a minimum term of imprisonment of 3

14  years.

15         (d)  In the case of aggravated battery, from a felony

16  of the second degree to a felony of the first degree.

17  Notwithstanding any other provision of law, any person

18  convicted of aggravated battery of a law enforcement officer

19  shall be sentenced to a minimum term of imprisonment of 5

20  years.

21         Section 2.  This act shall take effect July 1, 2006,

22  and shall apply to offenses committed on or after that date.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 212

26                                 

27  Requires the licensed security officer to be wearing a uniform
    that has at least one visible patch or emblem identifying the
28  employing agency and the employee as a licensed security
    officer before the enhanced penalties can apply.
29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.